Regulatory Update – Feb. 22, 2019

Update on Exemptions

FMCSA Requests Comment on WestRock HOS Exemption
On Feb. 21, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comment on an application from WestRock to renew their existing hours-of-service (HOS) exemption. The application requests that employees continue to be exempt from the 14-hour rule when transporting materials on a 275-foot stretch of public road between its shipping and receiving locations. Comments are due by March 25.

FMCSA Announces Approval of Stoneridge’s Rear-Vision Mirror Exemption Request
Also on Feb. 21, 2019, FMCSA announced approval of Stoneridge, Inc.’s (Stoneridge) five-year limited exemption allowing motor carriers to utilize the company’s Mirror Eye Camera Monitoring System instead of two rear-vision mirrors. The exemption is effective Feb. 21, 2019-Feb. 13, 2024.

FMCSA Grants APA ELD Exemption
On Feb. 19, 2019, FMCSA granted an electronic logging device (ELD) exemption for the American Pyrotechnics Association (APA). The exemption allows APA member companies that currently hold an HOS exemption for the Independence Day season to utilize paper records instead of an ELD between June 28-July 8 of each year. The exemption is effective for the Independence Day period in 2019 and 2020.

FMCSA Grants ACC Warning Flag Exemption
On Feb. 15, 2019, FMCSA granted a warning flag exemption for the Automobile Carriers Conference (ACC) of the American Trucking Associations. The exemption allows motor carriers of stinger steered automobile transporters to operate with projecting loads that don’t have the required warning flags. The exemption is effective Feb. 15, 2019-Feb.15, 2024 .

FMCSA Grants Additional APA 14-Hour Rule Exemption
On Feb. 12, 2019, FMCSA granted a 14-hour exemption for three additional APA member companies. Artisan Pyrothechnics, Montana Display Fireworks and ZY Pyrotechnics are now included in the existing APA exemption that allows their member’s drivers to drive beyond the 14-hour window during the Independence Day period of June 28-July 8 each year. The exemption is effective for the Independence Day period in 2019 and 2020.

FMCSA Renews Virginia Department of Motor Vehicles Federal SPE Exemption
Also on Feb. 12, 2019, FMCSA announced renewal of the Virginia Department of Motor Vehicles’ federal skills performance evaluation (SPE) exemption. The exemption allows drivers who hold a Virginia issued commercial driver’s license and would normally be subject the federal SPE requirements for alternative physical qualifications for loss or impairment of limbs to operate in interstate commerce with a state-issued SPE. The exemption is effective July 8, 2018-July 8, 2023.

Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. Members can access the document by logging into their CVSA member portal and clicking on the “Exemptions” tab at the top of the page.